EAP Scoping Questions

During the first two rounds of scoping for the Executive, Administrative, Professional (“EAP”) rulemaking, the Department of Labor & Industries received feedback regarding the potential content of this rulemaking, and the key questions and data which needed to be understood and/or addressed.

In order to start analyzing potential content for updates to these rules, the department is requesting your feedback on the following questions:

1. What are your thoughts on whether the department should propose to eliminate the short and long duties test and use a single duties test for EAP employees?
2. If the department were to propose rule language to further clarify the duties tests for EAP employees, what language should be included?
3. If the department were to propose an updated salary level for executive, administrative, and professional employees, what specific salary level or approach should be used?
4. If the department were to propose rule language to create an exemption for highly compensated employees, what should be the criteria for meeting that exemption?
5. If the department were to propose a fixed salary level, should this rulemaking also include an automatic updating mechanism?
6. If the department were to propose modifications to the exemption for computer professionals, what should be the criteria for meeting that exemption?
7. If the department were to propose modifications to the exemption for individuals employed in the capacity of an outside salesperson, what should be the criteria for meeting that exemption?
8. If the department were to propose an effective date for the updated rule, what should that effective date be?

Feedback can be submitted directly to this page via the “Submit Comments” tab. Feedback can also be submitted using an attached document via the “Upload Documents” tab. Please note that uploaded documents will not appear on the website immediately. Uploads may take up to 24 hours to post.